Steps to Filing and Winning Your Small Claims Court Case

Many of us have watched court tv shows such as Judge Judy. These court-centered tv shows focus on small claims court. Most of the time, we watch because of the drama that unfolds during the episode, however, small claims court is not this exciting. Giving individuals a better understanding of small claims court and the processes involved will increase their odds of successfully winning their small claims court case. Many times, in minor car accidents, victims choose to go through small claims court to obtain the compensation they deserve for their Philadelphia car accident damages. However, car accidents in Philadelphia are not the only reason individuals choose to turn to small claims courts for action. 

Philadelphia Municipal Court handles small claims cases involving less than $12,000 in value. In order to assist individuals in filing a small claims court case, the Philadelphia Municipal Court has published a helpful pamphlet. Despite the fact that some of the information contained in the pamphlet will be available here, the best way to completely understand the procedures of the Philadelphia Municipal Court is to read the entire pamphlet as well as contact a Philadelphia personal injury lawyer. A small claims court case in Philadelphia can be handled in five general steps:

1. Small Claims Court Cases Must Be Worth Less Than $12,000

If a claim for damages exceeds $12,000, an individual cannot file a small claims case in Philadelphia Municipal Court. Individuals may want to seek damages in small claims court if they were in a car wreck in Philadelphia due to another driver’s failure to yield, even though the first driver had the right away. In the event that the driver who caused the accident does not pay, either because they are an uninsured driver in Philadelphia or refuses to report it to their insurance company, a small claims court may be the victim’s best bet. It is not recommended, however, that someone who has been involved in a car accident in Philadelphia file a small claims court case in order to recover damages for injuries. It is likely that the claim will exceed $12,000 if they have been injured, so they should consult an experienced Philadelphia personal injury lawyer to discuss their options for obtaining compensation. There may be a cost advantage to small claims court, however, if the damage to the vehicle is minor and there are no injuries. In addition, a breach of contract or property damage case without any physical injuries may also be an appropriate case for small claims court in Philadelphia. 

2. Accidents Or Drivers Must Be In Philadelphia & Make Sure You Have All The Correct Information

To file a lawsuit against someone, a victim must first obtain the correct name and address of the defendant. PO boxes are not an acceptable form of address for small claims court. It is generally necessary for the defendant to live in Philadelphia or for the incident to have taken place there for the case to be filed in Philadelphia Municipal Court. A person who is suing for damages resulting from a car accident may file a small claims lawsuit in Philadelphia if the car accident occurred in Philadelphia or if the defendant resides in Philadelphia. It is possible to sue over a contract in Philadelphia if the contract was signed there or if the defendant lives there. Those filing a small claims court case should have the correct address and name of the company if they intend to file a lawsuit against a company or entity. If assistance is needed with locating the correct name and address of a Pennsylvania business, they can search the website of the Pennsylvania Corporation Bureau or call them at 717-787-1057.

3. Gather All Evidence & Information

In order to prove liability or fault, individuals must compile all of the necessary documentation to prove it. In some cases, individuals may need to attach these documents to the claim or complaint they file to the defendant before the trial. In addition to correspondence from the individual to the suing party, they may also need evidence such as:

• Photographs

• Diagrams

• Invoices

• Contracts

• Canceled checks

• Estimates of value of damaged property

• Bills/estimates for the cost of repairing or replacing damaged property

4. File Small Small Claims Court Suits In Person

If an individual is filing a small claims case in Philadelphia, they must go to 1339 Chestnut Street on the 10th floor to file in person. Filing by mail is not an option in Philadelphia Municipal Court. Filers can receive assistance in filling out the paperwork from interviewers at the Philadelphia court. Legal advice cannot be provided by interviewers, however. When using small claims court, there is also a cost. Individuals will have to pay a filing fee and a fee for serving the defendant with the legal documents. To find out the correct price for these services, call 215-686-2910, or visit the Philadelphia Municipal Court website. 

5. Prove The Case In Front Of A Judge - Don’t Be Late

The court may dismiss a claim if the individual that filed the case fails to appear on time. Both parties will have the opportunity to settle their case with or without the court’s mediation program if both appear. The case will go to trial before a judge if the parties are unable to reach a settlement. According to the Philadelphia Municipal Court pamphlet, those that file a small claims case should behave appropriately in court before the judge by:

• Being polite and maintaining composure

• Asking questions and making comments only to the judge unless otherwise permitted by the judge

• Refraining from interrupting the judge or other parties

Depending on the outcome of the trial, the decision may be mailed to both parties or rendered by the judge immediately following the trial. 

It may be appropriate to file a small claims court lawsuit if the damages to the victim’s property are less than $12,000, but do not involve a personal injury in Philadelphia. However, if the victim has been injured and requires medical attention, it would be wise to consult with a Philadelphia personal injury lawyer before trying to handle this case on their own. Wondering how much a case could be worth? For an idea of what some injury cases are worth, consider examples of top settlements for car accidents in PA and top settlements for slip and falls in PA.